MAHINDRA & MAHINDRA FINANCIAL Vs. RAM PRAKASH

JUDGEMENT

(1.) This Revision Petition, by M/s Mahindra & Mahindra Financial Services Ltd. (for short "the Finance Company") is directed against the order, dated 02.09.2008, passed by the Delhi State Consumer Disputes Redressal Commission (for short "the State Commission") in Appeal No. FA-08/622. By the said order, the State Commission has affirmed the order, dated 08.05.2008, passed by the District Consumer Disputes Redressal Forum-VII, Sheikh Sarai-II, New Delhi (for short "the District Forum") in Complaint No. 717 of 2006. By the said order, accepting the Complaint filed by the Complainant, seeking a direction to the Finance Company to refund the excess amount received by it from the Insurance Company as claim towards the loss suffered by him on account of theft of the Toyota Qualis car, the District Forum had directed the Finance Company to refund to him a sum of Rs. 1,83,323/- along with a compensation of Rs. 25,000/- and litigation expenses quantified at Rs. 5,000/-.

(2.) The short grievance of the Petitioner before the State Commission was that while issuing the said direction, the District Forum had erred in directing it to refund the sum of Rs. 97,000/-, which the Complainant had paid to the Dealer towards the cost of the vehicle.

(3.) Despite service, no one has put in appearance on behalf of the Respondent/Complainant. Accordingly, we have heard learned counsel for the Finance Company.